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Callahan's Consulting & Repair Service
Customer Contract

This agreement is made and entered into this _________day of _______________________, 19________ by and between:

Callahan's Consulting and Repair Service (hereinafter referred to as "CCRS") and


Customer:______________________________________________________________________________

Address:_______________________________________________________________________________

City, St., Zip: ___________________________________________________________________________

Country: _______________________________________________________________________________

Domain Name(s): _______________________________________________________________________

The parties hereto do hereby agree as follows:

1.  SERVICE DESCRIPTION

CCRS provides access to a server computer that is integrated into the Internet.  CCRS provides access to the server as a gateway from the server of various customers into the Internet, for which CCRS charges a fee.

All communications between CCRS and its customers shall be conducted in English unless otherwise agreed upon by both parties in writing.  The customer agrees to hold CCRS blameless in the event of a misunderstanding caused by a lack of fluency in the English language.  The customer additionally agrees that they are responsible to ensure that their usage does not violate laws of the jurisdictions in which CCRS or the customer is situated, nor violate any municipal, state, country, federal, or foreign statute or regulation, or the statues and regulations of the State of Colorado or of the United States of America.

Both parties agree that all monetary figures quoted in this document are quoted in United States of America dollars. It is further agreed that all monetary transactions shall be carried out in United States of America dollars and that any payments shall be in the form of cash, U.S. Postal money orders, or checks drawn of banks within the United States of America only.  Any deviation from the terms of this paragraph must be approved in writing by both parties in advance.


2.  SERVICE USAGE

A.  Legal Parameters:  This service may be utilized only for lawful purposes, and the usage of this service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, county or federal statute or regulation is prohibited.  The customer agrees to indemnify and hold harmless CCRS from and against any and all claims, actions, causes of action, administrative or government action, losses or damages (including legal fees and expenses) arising from usage by the customer of the service in violation of this paragraph.

B.  Unilateral Services Revocation:  In the event that CCRS, at any time, believes that the service is being utilized by the customer in contravention of the terms and provisions of this contract, CCRS may, at its sole discretion, immediately discontinue such service to the customer, without any liability other than for the refund of unearned prepaid services.


3.  NO WARRANTIES

With respect to the service to be provided hereunder, the customer acknowledges that CCRS makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose.  As a result, the customer agrees that CCRS shall not be liable to the customer for any claims or damages which may be suffered by the customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of CCRS.  The customer hereby agrees to indemnify and hold harmless CCRS from any and all claims whatever nature.


4.  USE OF INFORMATION

The utilization of any data or information received by the customer from the utilization of the service to be provided by CCRS is at the customers sole and absolute risk.  CCRS specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.


5.  DOMAIN NAME

If CCRS shall acquire an Internet Domain Name on behalf of the customer, then in such case the customer hereby waives in writing prior to acquisition of said domain name, any and all claims which it may have against CCRS for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any online or off-line network, directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following termination of services by CCRS for any reason.  Any costs of CCRS in obtaining or maintaining a domain name for the customer shall be immediately reimbursed to CCRS upon invoice from CCRS to the customer.


6.  SERVICE FEES AND INVOICING

The customer, for each new account to be activated, shall pay the initial fees, published elsewhere, prior to the commencement of service. Thereafter, the customer shall be invoiced in advance for a minimum three (3) month period.  All future payments shall be due at least ten (10) days prior to the expiration of the then current three (3) month period.  Payment of the setup fee is due prior to commencement of service.  Payment of a security deposit equal to a three (3) month period is due prior to commencement of service.  In the event that the customer shall fail to pay for such services in advance of that three (3) month period, then CCRS shall be entitled to unilaterally terminate this agreement and discontinue the service of the customer for which payment has not been received.  Upon payment of the charges due hereunder, CCRS may, at its sole discretion, reinstitute service, at which time all terms and conditions of this contract shall continue in full force and effect.  Should the customers account be terminated, either by the customer or by CCRS, the security deposit shall become the property of CCRS. Security deposit shall be refunded in the event that the customer terminates service with CCRS, having no unpaid fees.  Any service disconnection or suspension shall require a reconnect fee, subject to current published rates.  Initial service and set-up fees are published elsewhere.

Additional fees, if applicable, will be billed at the end of each month, with payment due within 10 days thereafter:

Fees are applicable for additional disk space, additional data transfer, POP3/forwarding email accounts or mail list service based upon current pubished rates.


7.  FEES

In consideration of the services to be provided to the customer, the customer shall purchase accounts from CCRS at the current published rates for the desired level of service, with payment in accordance with the provisions of paragraph 6 above for each account ordered.


8.  CHANGES IN TERMS OF AGREEMENT

CCRS reserves the right to make changes to the above terms and conditions of this agreement upon sixty (60) days written notice to the customer, advising of the change and the effective date thereof.  Electronic mail sent to the customer?s e-mail address of record shall suffice as written notice.  CCRS shall not be liable for any delays or nondeliveries of this e-mail notification.  The customer agrees to provide CCRS a current, valid e-mail address for receipt of these notifications as well as other communications from CCRS.  Changes in monthly service fees shall become effective only at the end of any calendar period for which the customer has prepaid for the calendar period.  Utilization of the service by the customer following the effective date of such change shall constitute acceptance by the customer of such change(s) in terms.


9.  DISPUTES

A.  Venue:  Should any dispute arise under the terms of this contract, the parties agree that the venue for resolution of said dispute shall be in the County or Circuit Courts in and for Adams County, Colorado, USA.

B.  Attorneys Fees and Expenses:  Should any legal action be instituted to enforce the terms and conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and expenses incurred at both the trial and the appellate levels.


10.  ENTIRE AGREEMENT AND SEVERABILITY

This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement.  This instrument supersedes any other agreement or understanding between the parties, whether written or oral.  In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.


IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument without exclusions, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.

____________________________________________________________ Date: ____________________
For CCRS


____________________________________________________________ Date: ____________________
Customer Signature


Print this page, fill out the contract and mail to:

CCRS
1250 West 132nd Place
Westminster, CO   80234

Make checks payable to: Callahan's Consulting and Repair Service



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